in trust for the people. The Respondent State's submission that it effectively manages natural resources for
the benefit of all peoples in Angola has not been challenged. The Commission therefore finds no violation
of Article 21 of the Charter.
Alleged violation of Article 22 of the African Charter
133. The Complainant's allegation that the Respondent State has violated Article 22 of the African Charter
with regards to the people of Cabinda is based exclusively on the argument that the Respondent State
pursues a policy of "Angolanisation of Cabinda". In the absence of any other argument or evidence in
support, the African Commission finds no violation.
Alleged violation of Article 24 of the African Charter
134. The Complainant alleges that the Respondent State has violated Article 24 of the African Charter in
relation to the people of Cabinda because, as a result of oil exploitation activities authorised by the State,
the environment in Cabinda is not conducive for the development of the people of Cabinda. The
Complainant argues further that the operations of companies such as Chevron which are authorised by the
Respondent State take place in conditions that harm both human health and the environment and this has
happened because in the absence of viable civil society monitoring, the Respondent State has failed to
enforce compliance with environmental rules.
135. The Respondent State contends that it has not violated Article 24 of the African Charter in relation to
the people of Cabinda since it has taken measures aimed at preserving the environment. The Respondent
State cites national legislations that it has adopted to address the challenge of environmental pollution. The
Respondent State submits further that it has compelled oil companies operating in the area to account for
harm occasioned by oil spills, with emphasis on demanding compensation for fishermen and their families.
The Respondent also claims that it has set up a National Environment Surveillance Service that has kept
track of at least six oil spills in the area while its Ministry of Environment has audited rigs in the Angolan sea
to prevent further spills. In effect, the Respondent State contends that it has taken action to address the
concerns of the Complainant.
136. The African Commission notes that apart from the fact that it did not adduce any evidence in support
of the general allegation that the right to a satisfactory environment has been violated by the Respondent
State, the Complainant has not disputed or challenged the claims of the Respondent State. In the absence
of any evidence to support the alleged violation, the African Commission finds no violation of Article 24 of
the African Charter.
Decision of the African Commission
137. In view of the above, the African Commission finds no violations of Articles 14, 19, 20, 21, 22 and 24
of the African Charter as alleged by the Complainants.
Done in Banjul, the Gambia during the 54th Ordinary Session of the African Commission on Human
and Peoples Rights, 22 October to 5 November 2013.
1 Angola ratified the African Charter on 2 March 1990.
2 The alleged violations include extrajudicial/summary executions, arbitrary arrests and detention, sexual
violence, denial of civilians' freedom of movement, torture and other mistreatment.
3 By email to the Secretariat dated 17 Feb 2012, Dr Levy advised the Secretariat to consider submission
from Cabindan groups other himself as amicus briefs.
4 Notes Verbale were sent to the Republic of Angola on 28 February 2007, 10 May 2007, 20 August 2007,
19 December 2007, 25 March 2009, 27 April 2009, 23 June 2010, 30 September 2010, 7 December 2010
and 11 August 2011.
5 Communication 292/04 - Institute for Human Rights and Development in Africa v. Republic of Angola,
para. 34
6 Ibid. The cases cited in this case are: Communication 155/96 Social and Economic Rights Action Center,
Center for Economic and Social Rights v. Federal Republic of Nigeria, and Communication 159/96 Union
Inter Africaine des Droits de l'Homme, Federation Internationale des Ligues des Droits de l'Homme,
Rencontre Africaine des Droits de l'Homme et al v. Republic of Angola
15
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